A 1st Circuit Court of Appeal panel has partially overturned a state judge’s 2013 ruling that ordered the LSU Board of Supervisors to publicly release the names of finalists and semifinalists in its presidential search that culminated in the appointment of F. King Alexander.
In a pair of rulings issued today, the 1st Circuit panel orders the LSU board to make public the names of three finalists—one of whom was Alexander—as well as a fourth candidate who withdrew from consideration. Judge Janice Clark had ordered the board in her 2013 ruling to publicly release the names and résumés of all 35 candidates. The rulings by Clark and the 1st Circuit panel stem from separate lawsuits filed against the LSU board by The Advocate, The Times-Picayune and The Daily Reveille, which were collectively taken up by the 1st Circuit panel.
Today’s ruling by the 1st Circuit panel also reverses Clark’s order to hold the LSU board and its then-chairman, Hank Danos, in contempt of court for not turning over the records. She had ordered LSU to pay a $500 fine for each day the candidates names were withheld.
Attorney Jimmy Faircloth, who represented the LSU board in the suits, says LSU is readying an official statement on today’s ruling, adding that he is not authorized to make an official statement for LSU or its board. However, Faircloth says he is personally pleased with the ruling.
“I think its a very thorough decision, and I think it totally vindicates the LSU board on the contempt of court order,” Faircloth says. “On the ruling regarding the records request … I think the court agreed with the LSU board on the substantive points.”
Lori Mince, attorney for The Advocate and The Times-Picayune, says today’s ruling is also a partial victory for her clients.
“We are glad the court agreed with us in principle—that LSU cannot hire its top administrators in secret,” she says. “Obviously we are disappointed that the court pulled back a little bit from Judge Clark’s original ruling.”
Mince says she has not yet met with her clients to discuss the ruling and does not know whether they will appeal to the Louisiana Supreme Court. Faircloth says he also isn’t sure what the next steps will be.
“I haven’t had a chance to visit yet with my client, but I hope to very soon and I will be looking forward to their official statement,” he says.
An LSU spokesman was not immediately available for comment. You can take a look at today’s 1st Circuit rulings here and here. —Steve Sanoski and Stephanie Riegel
